STAND. COM. REP. NO.1084

Honolulu, Hawaii

, 2003

RE: H.B. No. 49

H.D. 2

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred H.B. No. 49, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO TRAFFIC VIOLATIONS,"

begs leave to report as follows:

The purpose of this measure is to prohibit drivers from using a hand-held cellular telephone while operating a motor vehicle.

Your Committee received testimony in support of this measure from two concerned citizens. Comments were submitted by the Department of the Prosecuting Attorney of the City and County of Honolulu and by Verizon Wireless.

Your Committee finds that cellular telephones have become an indispensable part of modern society; nearly every person carries a cell phone. Cell phones offer the user the convenience and safety of staying in touch from anywhere.

While your Committee agrees that cell phones offer many benefits, they must be used responsibly. It is quite common for motorists to talk on a cell phone while driving, and your Committee finds that such behavior can easily distract a driver's attention from the roadway.

Therefore, your Committee supports the concept of this measure in an effort to keep our roads safe. Your Committee is mindful that existing law provides penalties for inattention to driving. However, your Committee is aware of no instances when a person was charged with that violation for talking on a cell phone.

While supporting this measure, your Committee has made several amendments to lessen the otherwise drastic effect its implementation would have on the public.

First, your Committee amended this measure to apply this offense only as a secondary offense. As such, a motorist cannot be stopped solely for talking on a cell phone; only if a driver is stopped for another, separate violation can that person be charged for talking on the phone.

Second, your Committee delayed the effective date until January 1, 2004, to give the public ample time to prepare for implementation. Your Committee also believes that this offense should serve as a temporary pilot project, and therefore inserted a sunset date of January 1, 2006. After judging the effectiveness of this ban for two years, the Legislature can revisit the issue.

Your Committee also amended the exception for so-called "hands-free" cellular phones to specify that the exception applies to any cell phone that is properly used with a hands-free device, such as a headset or cradle.

Finally, your Committee made several technical, nonsubstantive amendments for purposes of clarity and accuracy.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs, and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 49, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 49, H.D. 2, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

 

Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs, and Government Operations,

____________________________

CAL KAWAMOTO, Chair